The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1234 contributions
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
You referred to a conviction rate of 42 per cent. I appreciate that there are different ways of looking at that, but I will take that as the figure. We know that the figure is slightly, but not massively, higher in England, and that the conviction rate for rape is significantly lower than the rate for many other types of offence. I appreciate that many other cases will be summary cases, which will not involve juries, and that those are different, but you specifically made a parallel with other serious crimes, which is not an argument that I have heard being put to the committee before.
Will you elaborate on that? If you are saying that we are making the wrong comparison because we are comparing the conviction rate in rape cases with other forms of crime, what types of crime would make a fairer comparison? Would it be, for example, complex fraud or murder? What direction would you point us in, to look at those kinds of conviction levels?
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
Let us exclude them, then. What kind of cases do you think we should be comparing them with?
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
Surely, in a murder case, which is a very serious case, the Crown will proceed if there is sufficiency of evidence. That would be the test that it would apply in a murder case.
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
Is it generally the case that jury trials tend to lead to more acquittals than non-jury cases?
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
I think that we understand that. However, we know that, in Scotland, the way that the Crown marks cases is based on sufficiency of evidence—
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
You seem to be saying that it often comes down to who is believed in court.
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
Given that we know that there are rape myths—we perhaps do not know exactly how they impact on every case or how often that is a massive factor—it is surely easier to educate and select judges, who are a relatively small group, in order to try to address rape myths in their decision making, than it would be to educate a new jury in every single rape case.
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
Summary cases tend to lead to convictions, do they not?
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
Mr Brown, do you accept that another potential criterion for the success of a pilot might be the experience of complainers? One of the issues that the committee has been very concerned about over a long time is the experience of complainers. Rape victims repeatedly say that they find it retraumatising to go through not just the process of the actual trial but the whole justice system. Do you accept that it is possible that taking the jury out of the process might impact on complainers’ experiences, and that that might be a criterion that we should consider?
Criminal Justice Committee
Meeting date: 6 February 2024
Katy Clark
I understand that often the issue in a rape trial is consent.